Upendra Ku.Rout v. State

IN THE HIGH COURT OF ORISSA AT CUTTACK

CRLMC No.87 of 2013 Upendra Kumar Rout ....

Petitioner M/s. M.B. Das, Advocate and associates -versusState of Orissa and another ....

Opposite Parties Mr. J. Katikia, A.G.A.

CORAM:

THE CHIEF JUSTICE Order No.

ORDER

08.07.2022 06.

1. The challenge in the present petition is to an order dated 19th November 2012, passed by learned ACJM (Special), Cuttack in G.R. Case No.36 of 2006 declining the request of the Petitioner to summon certain documents including compendium of Central Office circulars with manual of instruction of cash department functioning, Key movement register and so on. The request has been rejected by the trial court on the ground that two of the prosecution witnesses including the Investigating Officer are yet to be examined and therefore, the request is premature.

2. Having heard learned counsel for the Petitioner, the Court is not persuaded that the trial court has committed any error in passing the impugned order. At the appropriate stage, it will be open to the Petitioner to renew the request at the stage of defence evidence and such request shall be considered in accordance with law by the trial court.

3. The CRLMC is disposed of in the above terms. The interim order passed earlier stands vacated.

(Dr. S. Muralidhar) Chief Justice S.K. Guin